Z - Signed Findings CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�'
AND DECISION& ORDER ,
In the Matter of the Request to modify the existing Development Agreement of the Ten Mile and
McMillan development(Inst.#2020-040967)for the purpose of amending a DA provision
regarding cross access between the commercial properties and the senior living property,by Anne
Kunkel,Varin Thomas,LLC.
Case No(s). H-2022-0011
For the City Council Hearing Date of: June 14,2022 (Findings on June 28,2022)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 14,2022, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 14,2022, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 14, 2022,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 14,2022,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 14,2022, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Development Agreement Modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of June 14,2022, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat,combined preliminary and final plat, or
short plat shall become null and void if the applicant fails to obtain the city engineer's signature
on the final plat within two(2)years of the approval of the preliminary plat or the combined
preliminary and final plat or short plat(UDC 11-6B-7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2)years,may be considered for
final approval without resubmission for preliminary plat approval(UDC 11-6B-7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City
Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up
to two (2)years as determined and approved by the City Council may be granted.With all
extensions,the Director or City Council may require the preliminary plat, combined
preliminary and final plat or short plat to comply with the current provisions of Meridian City
Code Title 11. If the above timetable is not met and the applicant does not receive a time
extension,the property shall be required to go through the platting procedure again(UDC 1I-
6B-7C).
Notice of Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City. During this time,the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting,the final plat must be signed by the City
Engineer within this two(2)year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -2-
determined and approved by the City Council may be granted.With all extensions,the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-5B-6F).
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of June 14, 2022.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -3-
By action of the City Council at its regular meeting held on the 28th day of June
2022.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 6-28-2022
Attest:
Chris Johnson 6-28-2022
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-28-2022
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -4-
EXHIBIT A
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/14/2022 Legend �®
DATE:
Project Location
RJMR-TO: Mayor&City CouncilC-C 'E6
FROM: Joseph Dodson,Associate Planner
8> ��
208-884-5533 L-O R_81
SUBJECT: H-2022-0011 MI$
N. C-G _!-O C-C R-15
Ten Mile and McMillan MDA le L-O
—RUT
I�I LLLL R-4 R-4
LOCATION: Project is located at the northeast corner
of N. Ten Mile Road and W. McMillan R:g C-NA R-8
Road encompassing nine(9)parcels, in
L-O RUT
the SW 1/4 of the SW 1/4 of Section 26, R-4
Township 4N,Range 1 W. R'2 ! ��
RUT
I. PROJECT DESCRIPTION
Request to modify the existing Development Agreement of the Ten Mile and McMillan development
(Inst. #2020-040967) for the purpose of amending a DA provision regarding cross access between
the commercial properties and the senior living property.
IL APPLICANT INFORMATION
A. Applicant:
Anne Kunkel,Varin Thomas,LLC—242 North 8th Street, Ste, 220,Boise, ID 83702
B. Owners:
See multiple affidavits of legal interest in public record for all owners that are part of the
Development Agreement.
Senior Living Owner: 55 Resort at Verona Place,LLC— 105 Decker Court, Ste. 460,Irving,TX
75062
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
5/29/2022
Pagel
Radius notice mailed to
properties within 500 feet 5/26/2022
Public hearing notice sign posted 6/3/2022
NextDoor Posting 5/25/2022
IV. STAFF ANALYSIS
History
The subject application encompasses nine(9)parcels surrounding the northeast corner ofN. Ten Mile
Road and W. McMillan Road. These parcels were part of a Development Agreement Modification in
2020 and were removed from an existing Development Agreement(DA) for the purpose of entering
into a new DA with a new conceptual plan and building elevations(H-2019-0126,DA Inst. #2020-
040967)to show a future independent senior living facility. The largest property of the nine parcels
received conditional use permit(CUP)approval for the independent senior living facility in 2020 (H-
2020-0004), consistent with the new concept plan and elevations.
Development Agreement Modification
The approved DA(Inst. #2020-040967)includes a provision that requires the senior living parcel and
the commercial parcels to provide cross-access and cross-parking. The inclusion of this provision is
standard for commercial properties but should have excluded the senior living property as the City
does not want cut-through traffic or shared parking between the commercial properties and the senior
living project. Further,the existing approvals required a commercial drive-aisle along the rear of each
commercial building lot which provides for the required cross-access—this drive aisle has been
constructed per the previous approvals.
The Applicant is therefore requesting the following modification to provision 5.Lc:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real probe legally described on Exhibit C to the Development
Agreement,which shall be developed as multi-family development restricted to seniors, age 55 and
older ,the"Excluded Property,L including the parcel at the southwest corner of this site that is not
subject to this agreement. A recorded copy of said easement agreement..."
Staff supports the DA Modification request because of the shared drive-aisle,the fact the senior
living facility will stand on its own in terms of access and parking, and a desire for the City to limit
cut-through traffic between commercial and residential properties. However, Staff does recommend a
slight revision to the revised language proposed by the Applicant to make it more clear which
property is excluded from this provision and remove redundant language found within an existing
provision:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described in Exhibit C to the Development
Agreement,which was approved as McMillan Independent Senior LivingF (H-2020-0004)and
is located at 4923 N. Cortona Way(the"Excluded Property),b including the parcel at the southwest
corner of this site that is not subject to this agreement. A recorded copy of said easement
agreement..."
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the modified provision in Section VI.B.
Page 2
B. The Meridian City Council heard these items on June 14,2022. At the public hearing.the Council
moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Anne Kunkel,Applicant Legal Representative
b. In opposition:None
c. Commenting:Anne Kunkel
d. Written testimony:None
e. Staff presenting application: Joseph Dodson,Associate Planner
£ Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Staff recommendation:
a. Include Staff s recommended DA language in lieu of Applicant's proposed language.
VI. EXHIBITS
A. Existing DA Provisions
5• CONDITIONS GOVERNING) r,VELOPME�E T Or SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the .Property in accordance with the
following spmial conditions:
a. Future development of this site shall substantially comply with the conceptual
development plan and building elevations contained in Exhibit A of the Staff Repert that
is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit
44 ,
b. Development of the subject property (Le. site design and building design) is requited to
comply with the design standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
c. An casement agreement shall be recorded granting cross-access/cross-parking to all lots in
the development,including the parcel at the southwest corner 4f this site that is not subject
to this agreement. A recorded copy of said easement agreement shall be subinitteti to the
Planning Division prior to issuance of the first Certificate of Zoning Compliance
application for the site.
d. The age of the residents living in the multi-family development shall be restricted to
seniors, age 55 and older.
DEVELOPMENT AGREEMENT--TEN MILEANA MCMILLAN(11-2019-012fi) PAGE 3 OF 3
Page 3
B. Proposed Revisions to the existing Development Agreement Provision 5.Lc:
Applicant's request:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described on Exhibit C to the Development
Agreement,which shall be developed as multi-family development restricted to seniors, age 55 and
older(the"Excluded Property"),but including the parcel at the southwest corner of this site that is
not subject to this agreement. A recorded copy of said easement agreement..."
Staff s recommended language:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described in Exhibit C to the Development
Agreement,which was approved as McMillan Independent Senior LivingFacility(H-2020-0004) and
is located at 4923 N. Cortona Way(the"Excluded Property"),but including the parcel at the
southwest corner of this site that is not subject to this agreement. A recorded copy of said easement
agreement..."
C. Noted"Exhibit C,Excluded Property"from revised DA provision:
Parcel"A'
A parcel of Land located in a portico of mck 12 of the Amended Plat of Verona Subdivision No-4, as the same is shown
on the officraf plat thereof,filed in Book 102 of Plats at Page 13476,Ada County Records, and shown as Parcel A on
Record of Survey No_ 12081, recorded November 6,2019,as Instrument No.2019-1 10665,being situate in the Southwest
quarter of Section 26;Township 4 North.Range 1 West_Boise Meridian,City of Meridian,Ada County, Idaho,hieing more
particularly described as follows:
Commencrng at the Southwest comer of said Section 26(from which the South quarter comer of said Section 26 bears
South 88'58'52"East,2602_82 feet distant),thence
North 00*21*16'East,848.02 feet on the West Section line of said Section 26.thence
Leaving said west section line,South 88'58'52'East.30.DO feet to the Northwest corner of said Amended Pleat of Verona
Subdivision No_4,said point being common with the Easterly right-of-way of North Ten Mile Road and the Southerly
right-of-way of West Milano Drive;thence
South 88'58'52"East,296.55 feet on the Northerly boundary tine of said Amended Plat of Verona Subdivision No.4.said
point being the POINT OF BEGINNING;thence
The foilowing eight(8)courses and distances on the Northerly and Easterly boundary line of said Amended Plat of Verona
Subdivision No.4:
South 88'58'52"East,74.70 feet_thence
South 82'0354'East,321.73 feet to a point of curvature;thence
22M09 feet an the-arc of a curve to the right,having a radius of 153.00 feet,a central angle of 82'2514`,and along chord
bearing South 40'51'19r East,201,60 feet;thence
South 00'21'16'Westr 60.32 feet;thence
South DD'24'03'East,151.75 feet;thence
South DU'21'16'West,60.17 feet;thence
North 89'35'57'East, 117.34 feet to a porcrt of curvature;thence
107.98 feet on the arc of a curve to the right,having a radius of 273.00 feet,a central angle of 22'39'43'.and a long chord
bearing South 20°53'49East, 10728 feet;thence
Leaving said Easterly boundary line,NorM 90'00'00"West.458.40 feet to a point of curvature;thence
43.96 feet on the arc of a curve to the right,having a radius of 84.00 feet,a central angle of 29'59'54',and a long chord
bearing North 75"00103"West,43.48 feet;thence
North 60'00'06'West,66.00 feet to a point of curvature;thence
58.68 feet on the are of a curve to the left,having a radius of 116.00 feet,a central angle of 28'59104'r and a long chord
bearing North 74'29'38'West,58.D6 feet;thence
North 88'59'10'West,48.40 feet to a Point of Curvature;thence
29.49 feet on the are of a curve to the right,having a radius of 1900. feet,a central angle of 88°55'10",and a long chord
bearing North 44'31'35"West,26.62 feet:thence
North 00'04'00'West,490.25 feet to the POINT OF BEGINNING.
Page 4